Anesthesia errors occur when medical professionals fail to meet the standard of care before, during, or after administering anesthesia. These mistakes can cause serious injuries, including brain damage, nerve damage, or death. In New Jersey, victims of anesthesia negligence may file a medical malpractice claim for compensation. However, it can be challenging to prove medical negligence, especially when facing seasoned insurance companies that fight claims.
For your New Jersey anesthesia error claim, call The Grossman Law Firm. As a personal injury firm serving clients throughout New Jersey, we have helped many individuals pursue claims involving medical negligence. Backed by two decades of experience in New Jersey courts, we know what it takes to build a strong claim and have won deca-millions in settlements for our clients.
Your consultation with us is free, and you won’t pay us any fees unless we win for you.
Understanding Anesthesia and How Errors Happen
Anesthesia is a medical treatment that blocks pain and sensation during surgical procedures. There are three main types:
- General anesthesia puts patients into a controlled state of unconsciousness.
- Regional anesthesia numbs a specific area of the body, such as during a spinal block.
- Local anesthesia affects only a small, targeted area.
Each type carries its own risks. The anesthesiologist or nurse anesthetist must carefully evaluate a patient’s health history, current medications, allergies, and physical condition before choosing the right approach. Errors can happen at any stage of this process. Common anesthesia mistakes include:
- Giving the wrong dose
- Failing to monitor vital signs
- Not reviewing a patient’s medical history
- Using defective equipment
- Delaying treatment when complications arise.
Research published by the National Institutes of Health reports that medication errors, such as incorrect dosing and drug substitutions, are well‑recognized and frequently reported causes of harm in anesthesia practice.
What Makes an Anesthesia Error Medical Malpractice?
Not every negative outcome after anesthesia qualifies as malpractice. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, and that deviation causes injury to the patient.
To establish an anesthesia error claim in New Jersey, you’ll generally need to prove four elements:
- A doctor-patient relationship existed, creating a duty of care.
- The anesthesia provider breached that duty by failing to meet the accepted standard.
- The breach directly resulted in an injury.
- The injury caused actual damages such as medical bills, lost wages, reduced earning capacity, or pain and suffering.
These are examples of anesthesia errors that may constitute a malpractice claim:
- Administering too much or too little medication
- Failing to intubate properly
- Ignoring signs of allergic reactions
- Delaying response to dropping oxygen levels
- Failing to account for drug interactions.
At The Grossman Law Firm, Attorney Scott D. Grossman and our team carefully evaluate each case to determine whether the facts support a viable claim.
Types of Injuries Caused by Anesthesia Errors
Anesthesia errors can result in a wide range of injuries. Some are temporary and resolve with treatment. Others cause permanent disability or death.
Brain Injuries
Brain injuries often result from oxygen deprivation during surgery. When vital signs aren’t properly monitored, blood oxygen levels can drop dangerously low. Even a few minutes without adequate oxygen can cause lasting cognitive problems, memory loss, or personality changes.
Nerve Injuries
Nerve damage may occur from improper patient positioning, incorrect needle placement during regional anesthesia, or pressure injuries during long procedures. Victims may experience numbness, chronic pain, or loss of function in affected areas.
Anesthesia Awareness
Awareness during surgery happens when a patient receives too little anesthesia and becomes partially conscious during a procedure. Though the patient may be paralyzed by muscle relaxants and unable to communicate, they can feel pain and experience severe psychological trauma.
Complications
Respiratory complications, heart problems, and allergic reactions can also occur when anesthesia providers fail to properly evaluate patients or respond to warning signs. According to a study from the Agency for Healthcare Research and Quality, respiratory complications and other patient injuries are the top preventable adverse events related to anesthesia.
Who Can Be Held Responsible?
Several parties may share liability in an anesthesia error case. The anesthesiologist has primary responsibility for evaluating patients, selecting the appropriate anesthesia method, and monitoring vital signs throughout the procedure. Certified Registered Nurse Anesthetists (CRNAs) may also administer anesthesia under physician supervision.
Surgeons bear some responsibility for the overall care of their patients. If a surgeon knew or should have known about a problem with anesthesia care and failed to act, they might share liability.
Hospitals and surgical centers can be held responsible under certain conditions. If the facility employed the negligent provider, failed to maintain equipment, or had inadequate protocols in place, the institution itself may be liable. Some facilities are also responsible for credentialing medical staff and ensuring they’re properly qualified.
The Grossman Law Firm thoroughly investigates each case to identify all potentially responsible parties. This helps ensure victims receive full compensation for their injuries.
New Jersey’s Legal Requirements for Medical Malpractice Cases
New Jersey has specific rules for filing medical malpractice lawsuits. These include a time limit for suing and a requirement for an Affidavit of Merit.
NJ Statute of Limitations for Anesthesia Error Lawsuits
The New Jersey personal injury statute of limitations is a law that gives you two years to file a claim from the date the injury occurred. There are exceptions to the two-year deadline.
The “discovery rule” recognizes that some anesthesia injuries don’t become apparent right away. Thus, the two‑year period begins not on the anesthesia date itself, but when the patient knew or should have reasonably known about the injury and its negligent cause.
If the victim was a minor, different timelines may apply. For birth injuries, the lawsuit must typically be filed before the child turns 13.
NJ Affidavit Requirement for Anesthesia Error Lawsuits
New Jersey also requires an Affidavit of Merit in medical malpractice lawsuits. Within 60 days after the defendant responds to your complaint, you must provide an affidavit from a qualified medical expert. This requirement helps filter out claims that lack merit while allowing legitimate cases to move forward.
This expert must confirm there’s a reasonable probability that the defendant’s care fell outside acceptable professional standards. The expert must hold credentials in the same specialty as the defendant or in the same or substantially similar specialty/subspecialty recognized by appropriate boards.
Supporting Facts About Medical Errors
Research confirms that medical errors remain a significant concern in healthcare. Studies cited by the National Institutes of Health estimate that each year, about 400,000 hospitalized patients in the United States suffer some type of preventable harm. Another analysis estimated that over 200,000 annual patient deaths result from preventable medical errors.
Anesthesia safety has improved dramatically over the past several decades. According to the Anesthesia Patient Safety Foundation, the mortality rate from anesthesia has fallen dramatically since the 1970s, now at roughly 1 death per 100,000 procedures for healthy patients. However, risks increase for older patients, those with chronic health conditions, and during emergency or complex procedures.
Surgical errors, including those involving anesthesia, continue to generate significant malpractice claims. Communication failures and inadequate monitoring remain leading causes of preventable complications.
Frequently Asked Questions
How long do I have to file a claim for anesthesia malpractice in New Jersey?
New Jersey generally allows two years from the date of injury or its reasonable discovery to file a medical malpractice lawsuit. Certain exceptions apply for minors and cases involving foreign objects. Promptly consulting with an attorney helps protect your rights and preserves important evidence.
What compensation can I recover in an anesthesia error case?
Victims may recover economic damages such as medical expenses, lost wages, and future care costs. Non-economic damages cover pain and suffering, emotional distress, and loss of quality of life. New Jersey does not cap (limit) compensatory damages in medical malpractice cases, though punitive damages are limited to $350,000 or five times compensatory damages, whichever is greater.
Do I need an expert witness for my case?
Yes. New Jersey law requires an Affidavit of Merit from a qualified medical expert in the same specialty as the defendant. This expert must state there’s a reasonable probability the defendant’s care fell below acceptable standards. Expert testimony is also typically necessary at trial to explain complex medical issues to a jury.
What if the hospital, not the anesthesiologist, was at fault?
Hospitals can be held liable for their employees’ negligence, for failing to maintain safe equipment, or for inadequate staffing and protocols. Your attorney will investigate all parties who may share responsibility for your injuries.
Key Points to Remember
- Anesthesia errors can occur before, during, or after surgery and may cause serious or fatal injuries.
- New Jersey requires medical malpractice lawsuit to be filed within two years of the injury or its discovery.
- An Affidavit of Merit from a qualified medical expert is mandatory for these cases.
- Multiple parties, including anesthesiologists, surgeons, and hospitals, may share liability.
- No caps exist on compensatory damages in New Jersey medical malpractice cases.
Contact The Grossman Law Firm for Help With Your Personal Injury Case
If you or someone you love suffered harm from an anesthesia error, you deserve answers about what went wrong. The legal process for medical malpractice claims is complex, and strict deadlines apply.
Scott D. Grossman, Esq. is a top-rated personal injury lawyer in New Jersey who has won deca-millions in settlements and verdicts for his clients. Visit Attorney Scott Grossman’s profile to learn more about his experience and results.
Call (732) 625-9494 to schedule a free consultation.
